Article 22.

Every person who through an act of performance by another, or any other

means, acquires or comes into possession of something at the expense of the latter
without just or legal ground, shall return the same to him.

1. Duty to Return What was Acquired Unjustly or Illegally

No person should unjustly enrich himself at the expense of another. It ought to be noted however that
when a property is obtained by virtue of a final judgment of a Court Art. 22 cannot apply.

Requisites of an "Accion in Rem Verso" -action for unjust enrichment

a. One party must be enriched and the other made poorer.

b. There must be a casual relation between the two.
c. The enrichment must not be justifiable (so if the law itself allows the enrichment, or if the enrichment
results from a contract or from the impoverished person's own negligence, there can be no recovery).
d. There must be no other way to recover (so if, fro example,a tort action or a quasi-contract action is
proper, it is not necessary to file a claim in rem verso).
e. The indemnity cannot exceed the loss or enrichment, which ever is less.

In law, possession is the control a person intentionally exercises toward a thing. In all cases, to possess
something, a person must have an intention to possess it. A person may be in possession of some property
(although possession does not always imply ownership). Like ownership, the possession of things is
commonly regulated by states under property law.

Article 23. Even when an act or event causing damage to another's property was not due
to the fault or negligence of the defendant, the latter shall be liable for indemnity if through
the act or event he was benefited.
Duty to Indemnify Because of Benefit Received

Unless there is a duty to indemnify, unjust enrichment will occur.

A car insurance policy is an example of indemnification. If a purchaser of car insurance policy is involved in
an accident wherein the liability for the accident is undisputedly of their insured driver, then the insurance
carrier has the duty to indemnify their insured driver in very specific ways to make them "whole" again.

Article 24. In all contractual, property or other relations, when one of the parties is at a
disadvantage on account of his moral dependence, ignorance, indigence, mental
weakness, tender age or other handicap, the courts must be vigilant for his protection.
1. Reason for the Courts' Protection of the Underdog

The law takes great interest in the welfare of the weak and the handicapped. Thus, we have "parens patriae"
Literally, "parens patriae" means "father or parent of his country" (Guardian of the rights of the people)

Presidential Decree No. 603, the Child and Youth Welfare Code
Art. 63. Financial Aid And Social Services to Needy Families.
Art. 64. Assistancr to Widowed or Abadoned Parent and Her Minor Dependents
Art. 65. Criterion for Aid
Arrt. 66. Assistance to Unmarried Mothers and Their Children.

2. Meaning of "Vigilant for His Protection"

The phrase in general means that in case of doubt, the doubt must be resolved in favor of the inderdog. Thus
in labor contracts, doubts are resolved in favor of the decent living and safety of the worker.
Article 25. Thoughtless extravagance in expenses for pleasure or display during a period
of acute public want or emergency may be stopped by order of the courts at the instance
of any government or private charitable institution.
1. Reason for Curtailing Thoughtless Extravagance

Thoughtless extravagance during emergencies may incite the passions of those who cannot afford to spend.

2. Who can Bring the Action?

Only a charitable institutions(whether government or private) may bring the action. The Mayor of a city,
should he desire to stop an alleged display of extravagance by a social organization cannot summarily order
the stopping all by himself. He has to ask for a court order. A Mayor indeed cannot just take the law into his
own hands, no matter how noble or sincere his motive may be.

they may unwittingly kindle the flame of unrest in the hearts of the poor who thereby become more keenly
conscious of their privation and poverty and who may rise against the obvious inequality.”

three requisites must be present for this provision to apply

First, there must be an acute public want or emergency. Second, there must be a thoughtless extravagance
in expenses for pleasure or display. Third, only government or private charitable institutions could file
the action seeking to stop the thoughtless extravagance.

Article 26. Every person shall respect the dignity, personality, privacy and peace of mind
of his neighbors and other persons. The following and similar acts, though they may not
constitute a criminal offense, shall produce a cause of action for damages, prevention and
other relief:

(1) Prying into the privacy of another's residence; includes by the implication respect for
another's name, picture, or personality except insofar as is needed fro publication of information
and pictures of legitimate news value.

(2) Meddling with or disturbing the private life or family relations of another; includes
alienation of the affections of the husband or the wife. Thus a girl who makes love to a married man, even
if there be no carnal relations, disturbs his family life, and damages may therefore be asked of her.
Intriguing against another's honor is also included.

(3) Intriguing to cause another to be alienated from his friends; includes gossiping, and
reliance on hearsay.

(4) Vexing or humiliating another on account of his religious beliefs, lowly station in
life, place of birth, physical defect, or other personal condition. includes criticism of one's
health or features without justifiable legal cause. Religious freedom does not authorize anyone to
heap obloquy and disrepute upon another by rason of the latter's religion.

1. Duty to Respect Dignity and Privacy

This article enhances human digminty and personality. Social equity is noy sought, but due regard for
decency and propriety.

2. Remedies
a. An action for damages
b. An action for prevention
c. Any other relief
A civil action may be instituted even if no crime is involved and moral damages may be obtained.
Article 27. Any person suffering material or moral loss because a public servant or
employee refuses or neglects, without just cause, to perform his official duty may file an
action for damages and other relief against the latter, without prejudice to any disciplinary
administrative action that may be taken.
end the "pabagsak or bribery system. where the public official for some flimsy, delays or refuses the
performance of his duty until he gets some kind of pabagsak."

three kinds of bribes:

1. The pabagsak- the gift given so that an illegal thing may be done.
2. The pampadulas- the gift given to facilitate or expedite the doing of a legal thing.
3. The pampasalamat- the gift given in appreciation of a thing already done.

Article 28. Unfair competition in agricultural, commercial or industrial enterprises or in

labor through the use of force, intimidation, deceit, machination or any other unjust,
oppressive or highhanded method shall give rise to a right of action by the person who
thereby suffers damage.

CHAPTER 1
General Provisions

Article 37. Juridical capacity, which is the fitness to be the subject of legal relations, is
inherent in every natural person and is lost only through death. Capacity to act, which is
the power to do acts with legal effect, is acquired and may be lost. (n)

Article 38. Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and
civil interdiction are mere restrictions on capacity to act, and do not exempt the
incapacitated person from certain obligations, as when the latter arise from his acts or from
property relations, such as easements. (32a)

Article 39. The following circumstances, among others, modify or limit capacity to act: age,
insanity, imbecility, the state of being a deaf-mute, penalty, prodigality, family relations,
alienage, absence, insolvency and trusteeship. The consequences of these circumstances
are governed in this Code, other codes, the Rules of Court, and in special laws. Capacity
to act is not limited on account of religious belief or political opinion.

A married woman, twenty-one years of age or over, is qualified for all acts of civil life,
except in cases specified by law. (n)

CHAPTER 2
Natural Persons

Article 40. Birth determines personality; but the conceived child shall be considered born
for all purposes that are favorable to it, provided it be born later with the conditions
specified in the following article. (29a)

Article 41. For civil purposes, the foetus is considered born if it is alive at the time it is
completely delivered from the mother's womb. However, if the foetus had an intra-uterine
life of less than seven months, it is not deemed born if it dies within twenty-four hours
after its complete delivery from the maternal womb. (30a)

Article 42. Civil personality is extinguished by death.

The effect of death upon the rights and obligations of the deceased is determined by law,
by contract and by will. (32a)

Article 43. If there is a doubt, as between two or more persons who are called to
succeed each other, as to which of them died first, whoever alleges the death of one
prior to the other, shall prove the same; in the absence of proof, it is presumed that they
died at the same time and there shall be no transmission of rights from one to the other.
(33)